PREPARED BY: LETICIA I. MIGUEL DATE OF MEETING: 12/18/2023
SUBJECT:
TITLE
CONSIDER AN ORDINANCE ADDING SECTION 1.20.030 TO THE CITY SAN PABLO MUNICIPAL CODE, UNDER TITLE 1, GENERAL PROVISIONS, CHAPTER 1.20, ELECTIONS, RELATING TO THE ELECTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Conduct public hearing; waive first reading; introduce Ordinance
Body
SUMMARY AND RECOMMENDATION
The City Clerk recommends that the City Council waive first reading and introduce an ordinance adding SECTION 1.20.030 to the San Pablo Municipal Code relating to electronic and paperless filing of California Fair Political Practices Commission (FPPC) campaign disclosure statements filed by elected officers, candidates, committees, or other persons, and making a finding that the system will operate securely and effectively and will not unduly burden filers. In an effort to increase election transparency, the Governor signed Assembly Bill 2151 in September 2020, requiring all campaign filings to be posted on the City’s website within 72 hours of receipt. Currently, filings are accepted on paper which requires significant staff time to redact appropriate information and post on the website. Staff recommends that the City Council adopt the proposed Ordinance adding section 1.20.030, Electronic Filing of Campaign Disclosure Documents, to Chapter 1.20 of the San Pablo Municipal Code.
BACKGROUND
The following are requirements of any on-line filing system:
a) Any elected officer, candidate, committee or other person required to file specified statements, reports, or other documents with the City Clerk as required by Chapter 4 of the Political Reform Act (California Government Code Section 84100 et. seq.) and that has received contributions or made expenditures of $2,000 or more, may be required to electronically file such statements, reports, or other documents using the City Clerk' s online system according to procedures established by the City Clerk. The procedures must ensure that the online system complies with the requirements set forth in §84615 of the Government Code.
b) The online filing system must ensure the integrity of the data transmitted and must include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.
c) The online filing system can only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing.
d) Once an elected officer, candidate, committee or other person has electronically filed any statement, report, or other document, the City Clerk may require that all subsequent statements, reports, or other documents on behalf of that same filer also be filed electronically to ensure reporting continuity.
e) Any elected officer, candidate, committee or other person who has electronically filed a statement, report, or other document using the City Clerk' s online system is not required to file a copy of that statement, report, or other document in paper format with the City Clerk.
f) In any instance in which an original statement, report, or other document must be filed with the Secretary of State and a copy of that statement, report, or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.
g) If the City Clerk's online system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee or other person must file that statement, report, or other document in paper format with the City Clerk.
h) The City Clerk's office will maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each online or electronic statement, which shall serve as the official version of that record for audits.
The proposed ordinance will allow for electronic and paperless filing of California Fair Political Practices Commission (FPPC) campaign disclosure statements.
The Political Reform Act of 1974 requires specified candidates, committees, slate mailer organizations, and lobbyists to file campaign statements and reports online or electronically with the Secretary of State. The Act also requires certain entities to file campaign statements and reports with local filing officers as specified.
On January 1, 2013, Assembly Bill 2452 went into effect -- adding §84615 to the California Government Code Title 9. Political Reform, Chapter 4.6 Online Disclosure Act of 1997 -- which allows local government agencies to require an elected officer, candidate, committee, or other person to file statements, reports, or other documents online or electronically with its local filing officer, if the filer receives contributions or makes expenditures totaling $2,000 or more in a calendar year (Attachment III).
In 2023 the City of San Pablo entered into an agreement with SouthTech, Granicus, an electronic and paperless filing system for FPPC Statements of Economic Interests (Form 700) and Campaign Forms that has been certified by the California Secretary of State.
ANALYSIS
Government Code §84615 requires local jurisdictions that accept electronic campaign form filings to enact an ordinance, with required findings, approving the use of an electronic system, which includes that the system will operate securely and effectively and will not unduly burden filers. The proposed ordinance will also designate the filings received electronically by the City Clerk’s Office as the filings of record for the City.
The SouthTech Systems, Inc. (Granicus) system is a web-based vendor hosted application that utilizes “industry best practices” for securing data, and stores and backs up data creating the essential safety measures and redundancy that will allow for recovery of information in the event of an emergency or disaster. The data will be retained for the required minimum ten-year period. The system will be free of charge to those who use it. For filers who may not have access to computers, the computer at the counter in the City Clerk’s Office can be used (on an appointment basis) for online campaign forms filing.
Additionally, the proposed ordinance will only apply to those filers who exceed a threshold of $2,000 for expending or receiving campaign funds. The threshold is consistent with Government Code Section §84615. Government Code §84615 requires the online or electronic filing systems to only accept a filing in the standardized record format that is developed by the Secretary of State and is compatible with the Secretary of State’s system for receiving online or electronic filings. The SouthTech Systems, Inc. (Granicus) system is one of two electronic filing systems in California created for cities and counties responsible for administering campaign form filings and that meets the requirements of the Secretary of State.
To ensure a smooth transition, and as part of the contract with SouthTech, Granicus, the City Clerk’s Office in partnership with SouthTech Systems, Inc. (Granicus) will provide extensive training to elected officials, candidates, committees, and other persons using the system. Once the ordinance is in effect, staff will schedule one-on-one trainings with SouthTech Systems, Inc. (Granicus) staff, filers, and individual treasurers. The trainings will include the entire filing process from setting-up filer accounts, explaining the online filing process, showing how to input data and save reports, preparing statements for e-signature, and filing statements.
Electronic filings will promote transparency and provide timely viewing of campaign forms to members of the public. The SouthTech Systems, Inc. (Granicus) program will also increase the accuracy of filed campaign statements and streamline the work of the City Clerk’s office, freeing up time for other projects.
City Council candidates and campaign committees have traditionally filed paper copies of required campaign statements and reports. Once filed, the documents are made available for review by the public. The City Clerk’s Office spends a significant amount of staff time to make such paper filings readily available to the public, online and in-person.
Senate Bill 1383 requires jurisdictions to purchase recycled-content paper for products that are recyclable with the goal to keep compostable items out of landfills to reduce emissions that contribute to climate change. In furtherance of the goals of SB 1383, the City Clerk’s office is increasing its efforts to go paperless. Fortunately, Assembly Bill 2452 authorizes local jurisdictions to receive campaign statements and reports solely in an electronic format.
Public access to campaign disclosure information is a vital and integral component of a fully informed electorate. Transparency in campaign financing is critical to maintain public trust and support of the political process. Nevertheless, these values require staff resources to implement. As a means to more cost-effectively maintain the public trust, the City contracted with SouthTech Systems, Inc. (Granicus) for the installation of two electronic programs for online submittal and posting of Fair Political Practices Commission (FPPC) forms related to Conflict of Interest (Disclosure Docs) and Campaign Disclosure documents (Campaign Docs). Both programs have been installed and are operational, however, there is one remaining authorization necessary by Council in order to make Disclosure Docs fully electronic.
Pursuant to California Government Code §84615, the City Council must adopt an Ordinance memorializing its approval to require and authorize the submission of electronic campaign disclosure forms with the City Clerk, as the local filing officer for the City of San Pablo. The system must operate securely and effectively, be at no cost to filers, be available to the public to view filings, not place an undue burden on filers, and include procedures for filers to comply with the requirement that they sign statements and reports under penalty of perjury.
By adopting this proposed Ordinance, the City of San Pablo will conserve resources and ensure the public has access to information disclosed in campaign statements and reports in a timelier manner, and as such, adoption of this Ordinance is consistent with the City Clerk’s goal of providing quality services and organizational effectiveness.
FISCAL IMPACT
A yearly payment will be paid to SouthTech Systems, Inc. (Granicus) to maintain a system that permits the City and users to electronically file FPPC campaign statements for committees that have a responsibility to file with the City. SouthTech Systems, Inc. (Granicus) includes an online filer application administrative portal and public viewing portal. The City already uses SouthTech Systems, Inc. (Granicus) for online filings of Statements of Economic Interests. The proposed electronic filing of FPPC campaign forms is in alignment with providing a 100% paperless fling system.
The additional yearly cost of the Campaign Docs Subscription Module of $3,250.10 would be added to the current contract with Granicus.
ATTACHMENT
Att A - Ordinance
Att B - Government Code - Gov Title 9. Political Reform [81000 - 91014]